093_SB1501

 
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 1        AN ACT concerning libraries.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        (75 ILCS 5/4-7) (from Ch. 81, par. 4-7)
 5        Sec. 4-7.  Every Each board  of  library  trustees  of  a
 6    city,  incorporated town, village or township shall carry out
 7    the spirit and intent of this Act in establishing, supporting
 8    and maintaining a public library or libraries  for  providing
 9    library  service  and,  in  addition  to but without limiting
10    other powers conferred by this Act, shall have the  following
11    powers:
12             1.  To   make  and  adopt  such  bylaws,  rules  and
13        regulations,  for  their  own  guidance   and   for   the
14        government  of  the  library  as  may  be  expedient, not
15        inconsistent with this Act;
16             2.  To have the exclusive control of the expenditure
17        of all moneys collected for the library and deposited  to
18        the credit of the library fund;
19             3.  To   have   the   exclusive   control   of   the
20        construction   of   any   library  building  and  of  the
21        supervision, care and custody of the  grounds,  rooms  or
22        buildings  constructed,  leased  or  set  apart  for that
23        purpose;
24             4.  To purchase or lease real or personal  property,
25        and to construct an appropriate building or buildings for
26        the use of a library established hereunder, using, at the
27        board's  option,  contracts  providing for all or part of
28        the consideration to  be  paid  through  installments  at
29        stated intervals during a certain period not to exceed 20
30        years  with  interest on the unpaid balance at any lawful
31        rate for municipal corporations  in  this  State,  except
32        that  contracts  for installment purchases of real estate
 
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 1        shall  provide  for  not  more  than  75%  of  the  total
 2        consideration to be repaid by installments, and to refund
 3        at  any  time  any  installment  contract  entered   into
 4        pursuant  to  this paragraph by means of a refunding loan
 5        agreement, which may provide for installment payments  of
 6        principal  and  interest  to  be made at stated intervals
 7        during a certain period not to exceed 20 years  from  the
 8        date  of  such refunding loan agreement, with interest on
 9        the unpaid principal  balance  at  any  lawful  rate  for
10        municipal  corporations  in  this  State,  except that no
11        installment contract or refunding loan agreement for  the
12        same  property  or  construction  project  may  exceed an
13        aggregate of 20 years;
14             5.  To remodel or reconstruct a building erected  or
15        purchased by the board, when such building is not adapted
16        to its purposes or needs;
17             6.  To  sell  or  otherwise  dispose  of any real or
18        personal property that it deems no  longer  necessary  or
19        useful  for  library purposes, and to lease to others any
20        real property not immediately useful but for which  plans
21        for  ultimate  use  have  been or will be adopted but the
22        corporate authorities  shall  have  the  first  right  to
23        purchase  or lease except that in the case of the City of
24        Chicago, this power shall be governed and limited by  the
25        Chicago Public Library Act;
26             7.  To  appoint  and  to  fix  the compensation of a
27        qualified librarian, who shall have the authority to hire
28        such other employees as may be necessary,  to  fix  their
29        compensation,  and  to remove such appointees, subject to
30        the approval of the board, but these powers  are  subject
31        to  Division  1  of  Article 10 of the Illinois Municipal
32        Code in municipalities  in  which  that  Division  is  in
33        force.    The   board   may   also   retain  counsel  and
34        professional consultants as needed;
 
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 1             8.  To  contract  with   any   public   or   private
 2        corporation  or  entity  for  the purpose of providing or
 3        receiving library service or of performing  any  and  all
 4        other   acts  necessary  and  proper  to  carry  out  the
 5        responsibilities, the spirit, and the provisions of  this
 6        Act.  This contractual power includes, but is not limited
 7        to,  participating  in  interstate  library  compacts and
 8        library systems, contracting to supply library  services,
 9        and   expending  of  any  federal  or  State  funds  made
10        available to any county, municipality, township or to the
11        State of Illinois for library  purposes.  However,  if  a
12        contract  is  for  the  supply  of  library  services for
13        residents without a public library established under  the
14        provisions  of  this Act, the terms of that contract will
15        recognize the principle of equity or cost of services  to
16        non-residents  expressed in this Section of this Act, and
17        will provide for the assumption by the contracting  party
18        receiving  the  services  of financial responsibility for
19        the loss of or damage to any library  materials  provided
20        to non-residents under the contract;
21             9.  To  join  with the board or boards of any one or
22        more libraries in this State in maintaining libraries, or
23        for the maintenance of a common library or common library
24        services for participants, upon  such  terms  as  may  be
25        agreed upon by and between the boards;
26             10.  To  enter  into  contracts and to take title to
27        any property acquired by it for library purposes  by  the
28        name  and  style of "The Board of Library Trustees of the
29        (city, village, incorporated town or township)  of  ...."
30        and by that name to sue and be sued;
31             11.  To  exclude  from  the  use  of the library any
32        person who wilfully violates the rules prescribed by  the
33        board;
34             12.  To   extend  the  privileges  and  use  of  the
 
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 1        library, including  the  borrowing  of  materials  on  an
 2        individual basis by persons residing outside of the city,
 3        incorporated  town,  village  or  township.  If the board
 4        exercises this power, the privilege of library use  shall
 5        be upon such terms and conditions as the board shall from
 6        time  to  time by its regulations prescribe, and for such
 7        privileges and use, the board shall charge a  nonresident
 8        fee  at  least equal to the cost paid by residents of the
 9        city, incorporated town, village or  township,  with  the
10        cost   to   be   determined   according  to  the  formula
11        established by  the  Illinois  State  Library.  A  person
12        residing  outside  of  a public library service area must
13        apply for a  non-resident  library  card  at  the  public
14        library   located   closest  to  the  person's  principal
15        residence.    The  nonresident  cards  shall  allow   for
16        borrowing   privileges   at   all   participating  public
17        libraries  in   the   regional   library   system.    The
18        nonresident  fee  shall  not  apply  to privilege and use
19        provided under the terms of the library's membership in a
20        library system operating  under  the  provisions  of  the
21        Illinois  Library  System  Act,  under  the  terms of any
22        reciprocal agreement with a public or private corporation
23        or  entity  providing  a  library  service,   or   to   a
24        nonresident  who  as  an  individual  or  as  a  partner,
25        principal  stockholder, or other joint owner owns taxable
26        property  or is a  senior  administrative  officer  of  a
27        firm,  business,  or  other  corporation  owning  taxable
28        property  within  the city, incorporated town, village or
29        township upon the presentation of  the  most  recent  tax
30        bill  upon  that  taxable  property,  provided  that  the
31        privilege  and use of the library is extended to only one
32        such  nonresident  for  each  parcel  of   such   taxable
33        property.  Nothing  in  this  item 12 requires any public
34        library  to  participate   in   the   non-resident   card
 
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 1        reciprocal borrowing program of a regional library system
 2        as provided for in this Section;
 3             13.  To exercise the power of eminent domain subject
 4        to  the prior approval of the corporate authorities under
 5        Sections 5-1 and 5-2 of this Act;
 6             14.  To join the public library as a member  and  to
 7        join  the  library  trustees  as  members in the Illinois
 8        Library Association and the American Library Association,
 9        non-profit,  non-political,  501(c)(3)  associations,  as
10        designated  by  the  federal  Internal  Revenue  Service,
11        having   the   purpose   of   library   development   and
12        librarianship; to  provide  for  the  payment  of  annual
13        membership dues, fees and assessments and act by, through
14        and  in the name of such instrumentality by providing and
15        disseminating   information   and   research    services,
16        employing  personnel and doing any and all other acts for
17        the purpose of improving library development;
18             15.  To invest funds pursuant to  the  Public  Funds
19        Investment Act;
20             16.  To  accumulate  and  set apart as reserve funds
21        portions of  the  unexpended  balances  of  the  proceeds
22        received  annually  from  taxes or other sources, for the
23        purpose of providing self-insurance  against  liabilities
24        relating to the public library.
25    (Source: P.A. 91-357, eff. 7-29-99; 92-166, eff. 1-1-02.)

26        (75 ILCS 16/30-55.60)
27        Sec.  30-55.60. Use of library by nonresidents. The board
28    may extend the privileges and use of the  library,  including
29    the  borrowing of materials on an individual basis by persons
30    residing outside of the district.   If  the  board  exercises
31    this  power, the privilege of library use shall be upon terms
32    and conditions prescribed by the board  in  its  regulations.
33    The  board  shall charge a nonresident fee for the privileges
 
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 1    and use of the library at least equal to  the  cost  paid  by
 2    residents  of  the  district,  with the cost to be determined
 3    according to the formula established by  the  Illinois  State
 4    Library.  A  person  residing  outside  of  a  public library
 5    service area must apply for a non-resident  library  card  at
 6    the   public   library  closest  to  the  person's  principal
 7    residence.  The nonresident cards shall allow  for  borrowing
 8    privileges  at  all  participating  public  libraries  in the
 9    regional library system.  The nonresident fee shall not apply
10    to any of the following:
11             (1)  Privileges and use provided (i) under the terms
12        of  the  district's  membership  in  a   library   system
13        operating  under  the  provisions of the Illinois Library
14        System Act or (ii) under  the  terms  of  any  reciprocal
15        agreement  with a public or private corporation or entity
16        providing a library service.
17             (2)  Residents of an area in which  the  library  is
18        conducting  a  program for the purpose of encouraging the
19        inclusion of the area in the library district.
20             (3)  A nonresident who, as an  individual  or  as  a
21        partner,  principal  stockholder,  or  other joint owner,
22        owns taxable  property  or  is  a  senior  administrative
23        officer  of a firm, business, or other corporation owning
24        taxable property within the district,  upon  presentation
25        of  the  most recent tax bill upon that taxable property,
26        provided that the privileges and use of  the  library  is
27        extended  to only one such nonresident for each parcel of
28        taxable property.
29        Nothing in this Section requires any  public  library  to
30    participate  in  the  non-resident  card reciprocal borrowing
31    program of a regional library system as provided for in  this
32    Section.
33    (Source: P.A. 92-166, eff. 1-1-02.)
 
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